The deadline is tomorrow, Monday, December 10, 2018 for leaving Comments on the Department of Security's proposed re-write of rules surrounding "who is likely to become a public charge" because they are "likely to receive public benefits" and should, the DHS says, be excluded from living in the United States. Because the deadline of December 10 is so close, this article will be published as widely as possible including both on Claims and Issues Blog at https://claimsissues.typepad.com/ and Claims and Bad Faith Law Blog at https://insuranceclaimsbadfaith.typepad.com/.
The unnatural effect of the changes proposed by the DHS to who is "likely at any time to become a public charge," including imposing new burdens of proof and re-defining "education and skills" to be taken into account in making the determination, would if they were in effect have required the exclusion of immigrant Mary Anne MacLeod. She arrived in the United States from Scotland with the skills of a domestic and several hundred dollars in currency at present-day values.
However, she was allowed to come into the United States and eventually married one Fred Trump with whom she had several children. One of those children became President of the United States.
In sum, the changes proposed by the DHS to who is "likely at any time to become a public charge," including imposing new burdens of proof and re-defining "education and skills" to be taken into account in making the determination, are unauthorized by Congress. In addition, they are contrary to Congress's statutory intent. Finally, they are not supported with evidence provided by the DHS, but to the contrary, the available evidence proves them to be invalid.
They are in short the product of still another Federal administrative agency's regulatory overreach.
---------------------------------------------------------------------------This is the Conclusion of a Comment on December 4, 2018 on the DHS proposed rules changes, titled IT ALL COMES BACK TO MONEY. BUT THAT'S NOT WHAT CONGRESS SAID: Comments to DHS Proposed Public Charge Rules 12.04.18. The complete Comment is available here as a pdf: Download IT ALL COMES BACK TO MONEY. BUT THAT'S NOT WHAT CONGRESS SAID. Comments to Proposed DHS Public Charge Rules. 12.04.18..
Leave your own Comments on the proposed changes through the preferred submission Federal eRulemaking Portal: www.regulations.gov. The federal government has assigned the following numbers to these proposed rules changes to identify your Comments on these particular rules: DHS Docket No. USCIS-2010-0012; RIN 1615-AA22.
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